A statutory package to abolish slavery and involuntary labor by incarcerated people in NYS, and to support the economic dignity of incarcerated laborers

SUMMARY

The Civil Rights Committee and Corrections and Community Reentry Committee issued a report in support of bills known as the “No Slavery in New York Act”; the “Prison Minimum Wage Act”; and a bill relating to commissary and canteen prices in correctional facilities. The No Slavery in New York Act seeks to ensure that incarcerated people work on a voluntary basis—as many incarcerated people desire to do, for fair wages—not due to compulsion. The Prison Minimum Wage Act would establish a statutory minimum wage of one-half the State minimum wage for incarcerated individuals in New York State correctional facilities and allow incarcerated New Yorkers to afford basic life necessities, alleviate financial burdens on their families, and help set them up for reentry following their incarceration. The commissary and canteen bill would require that items at commissaries and canteens be sold at a price no more than 3% above a given item’s purchase price and would bring New York in line with other states leading the charge to eliminate the financial exploitation of incarcerated people. These bills comprise a comprehensive statutory package to abolish slavery and involuntary labor by incarcerated people in New York State, and to support the economic dignity of incarcerated laborers.

BILL INFORMATION

A.7873 (AM Meeks) / S.7282 (Sen. Myrie) – Ends involuntary servitude in state and local correctional facilities in New York state (NYS 2025).

A.3596-A (AM Gibbs) / S.439-A (Sen. Myrie) – Enacts “the prison minimum wage act” relating to payment for labor performed by incarcerated individuals (NYS 2025).

A.2592-A (AM Peoples-Stokes) / S.1692-A (Sen. Ramos) – Relates to commissaries and canteens at correctional institutions (NYS 2025).

REPORT

REPORT ON LEGISLATION BY THE CIVIL RIGHTS COMMITTEE AND CORRECTIONS AND COMMUNITY REENTRY COMMITTEE

A.7873 (AM Meeks)
S.7282 (Sen. Myrie)

AN ACT to amend the civil rights law and the correction law, in relation to ending slavery for incarcerated individuals in New York state

A.3596-A (AM Gibbs)
S.439-A (Sen. Myrie)

AN ACT to amend the correction law, in relation to enacting “the prison minimum wage act.”

A.2592-A (AM Peoples-Stokes)
S.1692-A (Sen. Sen. Ramos)

AN ACT to amend the correction law, in relation to commissaries or canteens in correctional institutions

THESE BILLS ARE APPROVED

The New York City Bar Association (the “City Bar”), through its Civil Rights Committee and its Corrections & Community Reentry Committee, supports A.7873 (AM Meeks) / S.7282 (Sen. Myrie), also known as the “No Slavery in New York Act”; A.3596-A (AM Gibbs) / S.439-A (Sen. Myrie), also known as the “Prison Minimum Wage Act”; and A.2592-A (AM Peoples-Stokes) / S.1692-A (Sen. Ramos), a bill relating to commissary and canteen prices in correctional facilities. These three bills comprise a comprehensive statutory package to abolish slavery and involuntary labor by incarcerated people in New York State, and to support the economic dignity of incarcerated laborers.[1]

I. NO SLAVERY IN NEW YORK ACT

While the 13th Amendment to the United States Constitution abolished chattel slavery, it did not abolish all types of slavery—i.e., unpaid involuntary labor— “as a punishment for a crime.”[2] Such a system of labor has been described as akin to modern day slavery,[3] and represents a grave violation of the civil rights and civil liberties of incarcerated people.

New York has built a prison system and broader economy that depends on exploiting incarcerated individuals through forced labor for which incarcerated workers receive 10 to 65 cents per hour.[4] Many incarcerated people are employed by Corcraft, the industry program within the Department of Corrections and Community Supervision (“DOCCS”), and produce products like license plates, eyeglasses, lockers and school desks for SUNY and CUNY schools, clothing, and cleaning supplies in 14 facilities across the state.[5] Department of Motor Vehicles call centers are also staffed by people incarcerated at two facilities, including the Bedford Women’s Facility.[6] Further, incarcerated New Yorkers were on the front lines of our economy during the COVID-19 crisis in Spring 2020, when businesses shut down but incarcerated people were forced to continue working in prison factories without personal protective equipment, risking their lives to produce hand sanitizer that they were prohibited from using due to its alcohol content.[7]

The No Slavery in New York Act is a necessary, overdue change to New York’s laws regarding labor performed by incarcerated people throughout the state. The No Slavery in New York Act codifies the abolition of slavery, involuntary servitude, and forced labor for incarcerated individuals in both New York’s Civil Rights Law and its Correction Law. The Act also precludes incarcerated individuals from being compelled or induced to perform labor by the threat of an “adverse action” being taken against them, the definition of which includes the use of correctional facility rules, regulations, or disciplinary processes. In sum, the No Slavery in New York Act seeks to ensure that incarcerated people work on a voluntary basis—as many incarcerated people desire to do, for fair wages—not due to compulsion.

The No Slavery in New York Act is an important first step in bringing New York in line with several states across the country—such as Colorado,[8] Alabama, Oregon, Tennessee, and Vermont[9]—by making involuntary labor illegal in New York State correctional facilities and in making clear that taking disciplinary action against an incarcerated person who refuses to work is similarly unlawful.

II. PRISON MINIMUM WAGE ACT

The Prison Minimum Wage Act is an important companion bill to the No Slavery in New York Act. The Prison Minimum Wage Act would establish a statutory minimum wage of one-half the State minimum wage for incarcerated individuals in New York State correctional facilities. In recognition of the inherent dignity of all people, including incarcerated individuals, this bill would allow incarcerated New Yorkers to afford basic life necessities, alleviate financial burdens on their families, and help set them up for reentry following their incarceration.

As described above, New York State exploits incarcerated people for forced labor in exchange for wages as low as 10 cents. While incarcerated people often desire to work while incarcerated, the fact that they are forced to do so at such a low wage is an affront to their dignity and often prevents them from financially supporting themselves and their families in a meaningful way. The Prison Minimum Wage Act addresses this issue by increasing that wage to one-half the State minimum wage. Not only would incarcerated workers be directly supported by the bill, but their families will be given some relief from the enormous burden of supporting their incarcerated family members financially—indeed, one study found that one in three families go into debt to financially support their incarcerated loved one.[10] Incarcerated individuals would also have less incentive to resort to unsanctioned income generation—selling goods and services to other incarcerated people—which would reduce the risk of conflict and violence that arises when correctional officers seek to punish those caught engaging in these unsanctioned side businesses. Finally, if incarcerated people could build up savings prior to their release and reentry into society, reliance on public benefits could concomitantly be reduced, potentially saving taxpayer money as well. In sum, the myriad benefits of the Prison Minimum Wage Act are significant.

The Prison Minimum Wage Act is thus an additional important step toward abolishing this antiquated, degrading, and exploitative system in ensuring that incarcerated individuals—like all people—are paid a minimum fair wage in exchange for their labor.

III. COMMISSARY AND CANTEEN PRICES

Finally, A.2592-A / S.1692-A would amend the Correction Law to change the financial structure of commissaries and canteens in correctional facilities.

Primarily, the bill would require that items at commissaries and canteens be sold at a price no more than 3% above a given item’s purchase price. The bill would also require DOCCS to maximize discounts on commissary items through bulk purchasing or reduced-cost contracts, and prohibit DOCCS from receiving commissions, revenue, or other financial incentives in such contracts. This bill would bring New York in line with other states leading the charge to eliminate the financial exploitation of incarcerated people, such as Massachusetts, whose state legislature passed a similar measure in 2024.[11]

This bill is a commonsense update to the Correction Law that—in tandem with the No Slavery in New York Act and the Prison Minimum Wage Act—represents another step in the right direction in ending the financial exploitation of incarcerated New Yorkers and their families. Incarcerated people already spend large amounts of money (relative to their low income while incarcerated) to afford basic necessities sold at commissaries and canteens.[12]

Assuming the successful implementation of a minimum wage for incarcerated labor, this bill would be an important companion and would ensure that DOCCS does not have the opportunity to inflate the prices of goods and services at commissaries and canteens in correctional facilities in reaction to increased wages.

* * *

We urge the New York State Legislature to pass these important bills this session.

Civil Rights Committee
Evan Henley, Co-Chair

Corrections Committee
Alexis Flyer and Stephanie Holmes, Co-Chairs

June 2025